It's possible. I am assuming you're on probation, and if you fail you may get violated, but it's not the end of the world. Even if a motion to revoke is filed, you may not go to jail, but you may have your probation extended or have extra conditions attached. If you do get a motion to revoke filed, talk to a criminal defense attorney in your area.
Anything is possible. If you have otherwise been doing well on probation a postive test might be overlooked. Are you certain you only had one glass of wine? At that point, what's the point? Good luck with the test. Only time will tell and we can really do for you here is speculate as this is not really a legal question. If your probation is violated you could be sentenced up to the maximum sentence for the underlying offense.
Wayne Allen FowlerCriminal Defense AttorneyKeller, TX ·
That would, of course depend upon what you mean by "passing " the test. I suspect that what you are relating to is an ETG test. Ethyl Glucuronide (EtG) is a direct metabolite of beverage alcohol (ethanol). Its presence in urine may be used to detect recent alcohol consumption, even after ethanol is no longer measurable--up to 3-4 days after consuming the alcohol. If your last drink was only 38 hours ago, then likely ETG will show up. You can have probation revoked with one failed UA. You may want to get an attorney now.
Depending on your metabolism, chances are that the alcohol has been metabolized.
Why are you taking chances like this? If you have a no drugs or alcohol condition of your probation you are crazy to trust to chance.
Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already!
When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty.
Refusing to give a statement to your PO can also be a ground for revocation. Lying to your PO can be a ground for revocation.